A Small Business Manager as A Leader

A Small Business Manager as A Leader Outline In the 21st century era, small and large, private and public businesses are all aiming towards economic growth. However, this growth has slowed following emergence of unprincipled leaders whose main aim has been satisfaction of individual needs as opposed to their employees and customers. With such unethical practices, it is obvious that a strong impact has been witnessed in economic growth, which boils down to declining capital investments and unemployment for small businesses. Emergence of economic uncertainty can be traced back to WorldCom and e-business sector failure (Luthans, Luthans, Hodgetts, Luthans 2001)1 . Before the famous 9/11 attack, United States economy was already declining following increased unemployment and reduced consumer spending. This condition was further worsened by the 9/11 attack that resulted in increased uncertainty in economic change (Shaw Shapiro 2002)2. These changes have challenged the need for leadership and management at all levels of business fo cusing on ensuring nothing but absolute success. For leadership and management to achieve these roles, there is need for redefinition from the commonly held perspective. Management and leadership are two terms that are commonly and differently used in small businesses and importantly in rejuvenating a dwindling economy. To some people, these terms are seen as synonyms and hence used frequently and interchangeably. From other perspectives, these words are perceived as two different business approaches. Those identifying these terms as extremes maintain the possibility of an individual being a bad manager and good leader simultaneously. Others have resided somewhere between the terms insisting that while management and leadership inherently presents two different business approaches, it is possible to navigate in both positions for a successful business. In modern business environment, businesses whether small or large- will importantly require effective managers and effective leaders if any operation is going to be regarded as successful. While some perspectives argue that their contributions to organizational success vary, it is conclusively understood that management and leadership will apparently contribute positively towards any business success. For the purpose of this article, management and leadership are understood differently. Whether utilized simultaneously or differently, many businesses will give a precise testimony of significant impacts that leadership and management have on any successful business. Therefore, the main objective here is not to evaluate how the two terms vary, but rather how they contribute to success of small business. This essay will hence understand the fundamental characterizations of management and leadership, the components of effective leadership and management in small scale businesses and thei r underlying theoretical perspectives. Ideally with appropriate training, it is possible for managers and leaders to develop a successful small scale business. Leadership versus management In any small scale business, adopting an entrepreneurial spirit is perceived as critical for economic growth, enterprise growth, and overall nation wellbeing. Therefore in these entrepreneurs, the passion is motivated towards ensuring development of businesses that will outline success. As this business is continually natured, the aim is providing the best services and products at friendly prices that can easily be afforded by their customers. Therefore, without even contemplating on what constitutes leadership and management, business developers embark on a journey that is entirely perceived to be geared towards the overall goal. Ironically, these business leaders or managers hardly possess appropriate expertise, background, and desire of managing their businesses in a strategic manner. Leadership and management are important for success and hence if undermined, these businesses are likely to eventually fall or fail to achieve the overall objectives (Kouzes Posner 2007)3. Kouzes and Posner (2007) understand leadership as a process that enables a group member to influence fellow members towards achieving a common goal. Further, the same authors explain that while indeed there exists various leadership styles, there are particular leadership components that will inherently exist in all these definitions. These varying definitions will undeniably agree that leadership is a process; it incorporates influence, involves attainment of a well labeled goal, and occurs in a group context. Hence, regardless of how leadership is operationalized, these aspects will undeniably play a contributing role in the utilized theory and definition of leadership. From a different perspective, Kouzes and Posner (2007) argue that management is understood from varying definitions. Conversely, this does not imply that both management and leadership roles cannot be held by one individual, but management is perceived to follow a definition quite different from leadership. Management definition incorporates supervisory, administrative, and executive direction of an organization or group. Therefore, management and leadership are perceived to share numerous similarities. For instance, going by the understanding of Gordon and Yukl (2004), both leadership and management are ways of impacting influence and collaborating with people for achievement of the overall goal. However, management and leadership fields can also be observed to be different. In Kotlers leadership theory, leadership is an old concept that has been employed in business for many centuries. Management on the other hand is a concept that has been developed over the last 100 years as a result of industrial transformation. Kotlers perspective is undeniably shared by many scholars when it comes to understanding leadership and management. For instance, according to theorists Nanus Bennis as qtd. by Gordon Yukl (2004), management is perceived to be an approach through which activities are accomplished in such a way that routines can be mastered. Leading hence implies influencing others and development of a vision through which change may be enhanced. Rost (Chemers, 2002)4 on the other side understands leadership as a relationship with multidisciplinary influence while management is perceived to be authoritarian leadership that is lined towards one direction. Chemers (2002) adds that leadership and management are two different business approaches that should be h andled by different individuals. Moreover, an overlap exists in the two fields. For instance, when management activities are aimed at assisting employees to achieve organizational goals, this form of management is observed to be operating under leadership. As the leaders are involved in features such as organizing, planning, controlling, and staffing, they are observed to be operating under management. This is a simple indication that these two aspects will undeniably involve interchanging and similar roles and hence can hardly be fully isolated. Literature review In the United States, a larger section of economy is mainly centered on small businesses. In small businesses, leaders have used various approaches that have been employed to enhance organizational positioning in such a way that these business objectives and goals can be achieved (Howard, 2006)5. Based on the fact that economic condition has been a major concern, this market has witnessed a rapidly changing demand for small business. According to Pellerins (2007) perception, small businesses are individually owned and operated, hence hardly dominate in their field of operation. The last three decades have seen United States, among other global nations, witness a dominant development of small businesses (Kuratko, 2007)6. These small businesses have, in United States, resulted to the GDP growth by more than half, serving as a main source of job creation through incorporation of more than 50 of the workforce. Therefore from studies, it is apparent that when it comes to the economic growth, small businesses are hardly detachable. From the United States Census (2005) statistics, 13.3 million United States organizations were registered as small scale businesses by the year 2004. The small business increase has come as a boost to economic growth and as a means of employment creation. Growth in small businesses has been linked to economic improvement and most importantly creation of new employment. According to Kurakto (2007), small business growth has been attributed to increased competition, profitability, and well framed organization goals. In order for these achievements to be enhanced, Kurakto (2007) has noted the importance of effective leadership. However, this has not always been the case because as earlier highlighted; poor leadership is inherent in many small businesses. Beaver (2003) and Perry (2001)7 affirms that one of the reasons for failure in much small business is simply because of poor leadership. Based on this understanding, Gordon and Yulk (2004) have mainly targeted their reteach in understanding important leadership skills that affect small scale environment. More than two decades ago, Beaver (2003) analyzed 200 small scale businesses that had recorded bankruptcy. From the study, it was clearly observed that the main reason behind failure of small business was management neglect, and lack of knowledge on leadership. Therefore, if these small businesses have to be successful, it is important to incorporate leadership styles. As Pellerin (2007) observes, the rate of failure in small businesses is high. This author observes that by the end of the third year, the rate of failure hits more than 62% in many small businesses. However, this study does not incorporate another burning issue: management incompetence. Scheers and Radipere (2007) add that within the first ten years of business operation, 90% of small business fail. These authors strongly agree that failure in these businesses is mainly caused by poor skills in management and leadership. As a result, for any economy to be successful, small business have to be competitive and productive (Beaver 2003)8. For any economic growth, the central role of small businesses can hardly be undermined. For these businesses, leadership and management skills should be understood as main steps towards increased returns. These skills are well incorporated in different theoretical perspectives. From various authors, leadership has been understood differently although th ere is a common agreement in these varying perspectives. Leadership has always been perceived to be a process through which one person is able to support and aid others to accomplish common tasks. Through leadership, a way is created through which contribution is enhanced by ensuring that extraordinary things are implemented (Pellerin 2007). In addition, if these leaders have to be successful, they should importantly portray internal control locus. Charismatic leadership Charisma in leadership is highlighted and defined in numerous ways. It is however perceived to be an exemplary character that is natured in an individual person. According to Kouzes and Posner (2007)9, charismatic leadership is perceived as a behavioral inclination of leaders that result in development of exceptionally strong relationship between leaders and their followers. For these charismatic leaders, Robbins and Coutler (2003) has highlighted three exceptional leadership characteristics which are; expression of high confidence, strong convictions, and dominance in their beliefs. The same authors also add that these charismatic leaders should be able to demonstrate optimism, determination and confidence, and collective ability of accomplishing mission and realizing the vision. These authors arguably add that these leaders are also required to engender trust as well as the ability to take personal risks to prove that their approach is indeed justified. Therefore, there is a high l ikelihood of charismatic leaders focusing to develop a clear and distinct group. Charismatic leadership has a high likelihood of being found in emerging and struggling small businesses than in stable and successful organizations. Emphasizing on the importance of this leadership, Kouzes and Posner (2007) have highlighted five important attributes that must be found in any leader to be categorized as charismatic. They are: (1) Articulation and vision; (2) Sensitivity to the needs of employees; (3) Personal risk taking; (4) Sensitivity to the business environment in which the business is operating; and (5) Execution of progressive behavior. Schermerhorn (2005) has summarized charismatic leaders as leaders or managers who are capable of sparking a sense of belonging towards the business. In addition, these leaders have been able to inspire their employees towards a direction in which organizational objectives and goals may be achieved (Schermerhorn 2005)10. Transformational leadership According to Pryor et al. (2007)11, transformational leaders are able to impact movement and change in their organization. Such leaders are able to seek ways of altering the prevailing structure while ensuring that people are continuously convinced to support new responsibilities and vision. For the excellent transformational leaders, power and authority is utilized as motivational and inspirational tools to the people they follow and trust. This leadership is hence able to provide energy producing characteristics through which new changes are likely to be generated in a business. Furthermore, these leaders are capable of motivating followers to transcend their individual interests for other combined purposes while at the same time ensuring that these followers are assisted to increasingly satisfy their individual needs. Pryor et al. (2007) have revealed inner transformational leadership characteristics in small business. These characteristics are highlighted to be inclusive of hones ty, integrity, and personal values. These characteristics are positively influential to the leaders behavior. For effective performance, a major ingredient is connection of transformational leadership with life experiences. This inner connection is combined with the resulting behaviors do develop external behaviors through which a business is transformed. For instance, a group vision is produced by a sense of personal involvement. Management models Conventionally, small businesses have been seen to have a low likelihood of utilizing strategic management models in comparison to large organizations based on a number of reasons. They are: (1) Small businesses are in most cases owned at the family level; (2) The leaders in small businesses are in most cases focused on daily operations thereby paying minimal-if any- attention to strategic management systems and management models; (3) Small businesses are mainly less endowed in financial resources that can comfortably be utilized in improving business performance through training; and (4) Competitors at their levels apply similar business approaches, without incorporation of any managerial models and implementation of systems through which improvement can be enhanced. Additionally, entrepreneurs involved in development of small business are hardly interested in development of procedures and processes. On the other side, large organizations obviously incorporate people with a clear understanding of management models by the time they have completed their studies in colleges. Moreover, these organizations have large amounts of finances that can resourcefully be allocated to training. Large scale businesses compete with large business opponents that are competitively and strategically driven. Strategic management approach This approach was initially developed by Toombs, White, and Pryor (1998) with a perception that small scale business leaders or managers incorporate strategic management elements in their business. This ideal incorporates the SWOT analysis together with the vision, mission, objectives, goals, values, competitive advantage, critical success factors, measurement, and feedback. Various theorists strongly insist that strategic management is an important aspect for a small business targeting enhancement of quality initiatives. Numerous authors have mostly insisted that as a result of incorporating various business theories, models, standards, tools, strategies, surveys, and training, it becomes possible for small businesses to be improved. These theorists mainly insist on the need for integrating quality initiatives into the organizations strategic management (Pryor et al. 2007)12. As a way of creating additional emphasis on this point, Chemers (2002) explain that total quality management must be linked to the strategy of a business because most strategies incorporate goals. Chemers also adds that TQM must be guided by a senior team in management and project selection must be based on their importance when it comes to achieving success in a business. Robbins and Coulter (2003)13 supports the perception above. However, they argue that customer impact must be integrated with strategic management as a way of achieving the desired results. Model While strategic management theory is perceived to be a model that should be incorporated by business leaders for long term success and survival, this model hardly incorporates the 5Ps model that was established by Pryor (1998)14. The strategic management model and strategic direction establishment is perceived to be incorporated in one of the five rudiments that should importantly be adopted to enhance a business success. For pneumonic purposes, this business approach has mainly been referred to as Purpose. The remaining elements are performance, people, processes, and principles. The 5Ps model is perceived to have some elements that are similar to those found in strategic management model that has earlier been examined. However, these elements have additional importance besides their individual importance. Moreover, their alignment is perceived to be equally important. Business leadership approaches Trait approach to leadership Trait approach is developed from great man model as an approach through which key characteristics can be identified for successful leaders. This approach is centered on the perception that through this approach, it is possible for leadership approaches to be isolated. Therefore, individuals possessing such traits can be selected, recruited, and installed into the positions of leadership. This theory has resulted in development of numerous traits. After numerous years characterized with continuous research, it is apparently hard to identify consistent traits. Although some traits have been found in various studies, these studies results have been inconclusive. It is possible for some leaders to possess certain traits. However, in case these traits are not present in an individual, this is not sufficient reason to disqualify such a person as a leader. In order to qualify an individual as effective leader, various traits should be processed. Nevertheless, there is a high likelihood of s ome traits to be more frequently observed than others. Some of the commonly observed traits in an effective leader are inclusive of friendliness, technical skills, task motivation, supportiveness to group tasks, emotional control, social skills, intelligence, and general charisma. Behavioral leadership The trait studies results were not conclusive. The inconclusiveness is based on the perception that it is hard to measure traits amongst other things. For instance, it is hard to measure such traits such as integrity, diligence, loyalty, and honesty. This inconclusiveness is what has challenged development of behavioral model. In this model, the focus is based on human relationships alongside performance and output. In McGregors theory Y and theory X managers, it is observed that an average individual is more likely to develop an inherent work dislike and will make all efforts possible to avoid working. In theory X, it is observed that this individual characteristic is highly likely to provoke the need for controlling, coercing, or even threatening individuals if they are to be encouraged to make efforts required for organizational goal achievement. Theory X is also based on the perception that an average individual highly prefers being directed as a way of avoiding responsibility. In theory Y, the managers believe that mental or physical effort expenditure is as natural as rest and play. In addition, the managers believe that employees are likely to exercise self-control and self-direction as a way of achieving the objectives that define their commitment. Moreover, the ability of exercising high level of ingenuity, imagination, and creativity in organization problem solution is widely (as oppos ed to being narrowly) disseminated in the people and human being potentials. From this theory, it is possible to conclude that theory X leader is more drawn towards an autocratic approach while theory Y leader is more drawn towards a participative style. In the managerial grid, developed through collaboration of Jane Mouton and Robert Blake, the focus has mainly been drawn to managers, employees (people), and task (production) orientation together with a combination of concerns between these two limits. Mouton and Brake model therefore suggest that team management, a major concern to production and employee, is the most effective leadership approach. Situational or contingency leadership approach to business Even as behavioral model is likely to assist management in a business when it comes to development of a specific leadership behavior, little guidance is given in understanding the constituents of effective leadership in varying situations. Undeniably, most modern researchers conclusively agree that indeed there exists no one appropriate leadership style for every manager under all settings. Therefore, development of contingency models was aimed at indicating that the utilized style is dependent upon such aspects as the people, the situation, and business among other surrounding variables. In contingency approach, it is understood that there hardly exists one specific approach through which managers can be able to lead. As a result of situations, varying leadership requirements are likely to be created for a leader. For this leadership situation, the solution is dependent on the factors affecting the situation. For instance, in a high routine environment characterized with repetitive tasks, a comparatively directive management approach it likely to yield best results. However, a more participative approach will be required in a dynamic environment. Building a successful business According to Howard (2006)15, business performance is perceived to be a multifaceted construct incorporating customer, operational, and financial oriented performance domains. The non-financial measures are inherent in Howard study. This performance measurement approach is incorporated as a result of limitation connected with small businesses financial data measurement. The satisfaction of the owners through performance of business is perceived to be one significant success indicators. Small business success is defined as performance level equal to or exceeding the firms owner expectations. The indicators that have mainly been employed in performance measurement are: profitability, annual earnings, and return on investments. Standards of a small business The small business standards have been developed by Chartered Quality Institute (CQI) (2007) in collaboration with the management consultants. This is a business model that is perceived to be important for managers targeting continuous growth in their business. Designing of the small business standards is aimed to be utilized in various investments that include small and medium size businesses, and micro businesses (CQI 2007). In the places where management term is utilized to imply micro business, it is likely to imply the proprietor. In the standard business model, there are nine main sections: (1) Customer care; (2) Business reviews; (3) Employees and staff; (4) management responsibility; (5) suppliers; (6) processes and work environment; (7) Correction and prevention of services complications; (8) Records; and (9) Documentation. While the standard is mainly perceived to be simplistic in comparison to the 5Ps model and Strategic management model, it incorporates numerous small bus iness management key ingredients. Therefore for small businesses, it is likely to be a good starting point as the business moves towards management and improvement of its organization (CQI, 2007)16. In relation to the small businesses standards application, one British Standards Institute website has observed that it is possible for real business standards to be achieved by small scale businesses. If this approach is well utilized, it hence has a high likelihood of resulting in: (1) elimination of inefficiencies witnessed when it comes to allocation of already limited resources; (2) improvement of marketing speed and risk reduction; and (3) enhancement of an effective competition with bigger businesses (British Standards Institute 2007)17. From the general leadership perspective, it is apparent that indeed success or failure in results production will mainly depend on leaders character. For these leaders to be viewed as effective, they have to be viewed as essential for the business success. However, the achievement of organizational success will not depend on adoption of similar leadership styles in all organizations. Nonetheless, these leaders will have an influential role on how the organizational goals are to be achieved by the employees in the organization. For this to be enhanced, small business leaders will require advanced understanding of the leadership styles to portray progress and development in achievement of organizational objectives and goals. With small business research, these leaders will be provided with understanding of leadership activities that are necessary for specific position if achievement of organizational objectives and goals is to be enhanced. These businesses will hence have to establish working environment for their business; this will be enhanced through leadership style. For organizational effectiveness, leadership will obviously have an important role. If employee empowerment will not be fulfilled in these organizations, there will be a high likelihood of employee dissatisfaction that will undeniably divert from achievement of organizational objectives and goals. Therefore, if a healthy working environment has to be maintained in these businesses, leadership should play an integral role. Conclusion The theoretical underpinnings evaluated in this article clearly demonstrate need for robust leadership existence in any small business. The failure of these businesses is indeed due to failure to adopt the necessary and fundamental requisites of a successful organization; effective leadership and management skills. This essay is very relevant; for instance in the current economic conditions that desperately require an influential intervention. Leadership hence should be trailed towards ensuring employee satisfaction and effectiveness as a way through organizational success and profitability will be enhanced. Consequently, robust leadership will eventually affect the success and profitability of small business. The way through which this will be enhanced is through incorporation of leadership and management theories analyzed in this essay. These leadership and management hence need to be employee motivation towards adaptation of organizational vision and mission. References 1(Luthans, Luthans, Hodgetts, Luthans 2001) 2(Shaw Shapiro 2002) 3(Kouzes Posner 2007) 4(Chemers, 2002) 5(Howard, 2006) 6(Kuratko, 2007) 7 Beaver (2003) and Perry (2001) 8(Beaver 2003) 9 Kouzes and Posner (2007) 10 Schermerhorn (2005) 11 Pryor et al. (2007) 12 White, and Pryor (1998) 13 Robbins and Coulter (2003) 14 established by Pryor (1998) 15 According to Howard (2006) 16(CQI, 2007) 17 (British Standards Institute 2007)

Investigation in to the factors that affects the rate of fermentation o

Investigation in to the factors that affects the rate of fermentation of Glucose Aim: To investigate the factors that affects the rate of fermentation of Glucose. Background knowledge. ENZYMES Fermentation is a form of an anaerobic respiration where by glucose is partially broken down so only a small amount of energy is released. The yeast cells use the enzymes, ZYMASE to break down sugars unable to obtain. GLUCOSE CARBON DIOXIDE + ETHANOL(+ENERGY) C6 H12 O6 6CO2 + C2H5OH (210KJ) Enzymes have several properties. 1) Specific actions-Zyamse in yeast works on glucose. 2) A small amount is required as the enzyme is used again and again as it is uncharged at the end therefore one of my variables could be varying the quantity of yeast. 3) Each enzyme has its own specific temperature at which it works best. This is the factor at which I am going to investigate zymase in yeast. There are some enzymes which work best in cold eg. Fridge. And others that can stand considerably high temperatures. All enzymes are proteins as they are made by living cells. Therefore high temperatures cause protein to become DENATURED, destroyed, exaclty the same way as the cooked white of an egg cannot be changed back to its runny state. When proetin of an ezyme is denatured it no longer functions as a catalyst. COLLISION THEORY 'Rate of reaction simply depends on how hard and often the reacting particles collide with each other.' The basic idea is that particles have to collide with each other in order to react. MORE COLLISIONS INCREASE THE RATE OF REACTION. 1) Temperature increases the number of collisions. 2) Concentration (or pressure) in creases the number of collisions. 3) Sizes of solid particles (or surface area) incr... ...ature of 40-50Â °, therefore the molecules reacted faster and harder, collision theory, which starts to give off a gas, CO2. The glucose changes into a gas, Kinetic theory. My graph of my results shows that the Carbon Dioxide produced did not react as fast as the enzyme which is working as a catalyst has either stopped or died. My prediction has been a success. GLUCOSE CARBON DIOXIDE + ETHANOL(+ENERGY) C6 H12 O6 6CO2 + C2H5OH (210KJ) Evaluation: I really enjoyed doing this experiment, which is unusual! I did my research well. Using different types of materials, Internet, Library, Revision books. I think it would have been better if I had of done each temperature three times so that I could have found an average. It would have been abit more fairer and bit more accurate. I also missed the first week so it was a little bit confusing at first but it turned out okay.

Textile-and-Clothing-Report India

The Textile Industry and Related Sector in India Source: New Cloth Market The Textile Industry and Related Sector in India Source: New Cloth Market This market research study on Textiles and related sectors in India has been commissioned by Italian Trade Commission (Trade Promotion Section of the Consulate General of Italy), Mumbai, for which Ace Global Private Limited, a consultancy company based in New Delhi, has been appointed. The main objectives of the market research are to carry out a detailed market analysis o~ the industry, in order to identify potential opportunities for Italian entrepreneurs interested in the Indian market. The scope of the market research covers the following key segments of the industry: Textiles Apparel & Clothing; Undergarments; Home Textiles, and Accessories. The findings of the research are presented in the following sections. Market Characteristics The Textile Industry in India is one of the largest and most important industrial segments of the Indian economy accounting for over one fifth of the country's industrial production. It provides employment to around 15 million people who have helped produce one of the largest varieties of yarn, fabrics, textiles, clothing and garments, home furnishings and other textile products in the world. Textiles industry, including related subsectors, is worth about Euros 38 billion of which domestic segment constitutes 65% while 35% comes from exports. The textiles segment accounts for 59% of the industry, with apparel and other made ups constituting the balance. This industry also accounts for nearly 21 % of total employment in the country. Besides the textiles, apparels & clothing, the industry covers a wide range of home furnishings (bed linen, curtains and upholstery, floor coverings, kitchen linen, bath linen, etc. and Accessories (including apparel accessories, like stoles, scarves, etc. , hard accessories like bags, wallets, fashion jewellery, time wear and eyewear etc. ). Market Size The total market size for the sub-sectors covered in this study is estimated at Euro 21. 7 billion in the year 200809 with textile clothing and garments having a major share of 93%. Home textiles and furnishings, and textile usage in accessories was insignificant with a collective share of less than 0. 5% of the total market. Textiles Apparel and Clothing India's domestic market for apparel & clothing is currently worth Euro 20,219 million in 2008-09. It has registered a steady compounded annual growth rate (CAGA) of 13. 6% in the past 5 years. Volume wise, apparel market has grown from 4. 8 billion units in 2004†² to 5. 9 billion units in 2008-09 at a CAGA of 5. 3%. Apparel and Clothing is the second largest retail category in India. India's domestic market for apparels is currently worth over Euro 20 billion in 2008-09. It has registered a steady compounded annual growth ~ate (CAGA) of 13. 6% in the past 5 years. Volume wise, apparel market has grown from 4. 8 billion units in 200405 to 5. 9 billion units in 2008-09 at a CAGA of 5. 3%. Undergarments The 70's witnessed the entry of undergarments in India when Peter Pan from Dawn Mills entered the market with lingerie styles of the West. The undergarment market further proliferated and flourished in India significantly when international majors forayed in to Indian market in a big way since the onset of the 90's. India's domestic market for undergarments is currently worth about Euro 1. 5 billion in 2008-09. It has grown at a CAGA of about 15% in the past three years. Volume wise, apparel · market has grown from 914 million units in 2006-07 to 1. 05 billion units in 2008-09 at a CAGA of 7%. The total urban market for the home textiles in India in 2005-06 was estimated to be Euro 1. 45 billion. With a modest growth rate of about 14%, the market in 2008-09 is about Euros 2. 16 billion and is expected to cross Euros 3. 12 billion by 2011-12. The 2004-05 Volume (million units) Menswear Women's wpar Unisex apparel Kids' wear Uniforms Total 1,328 1,368 – 466 1,222 ~ 423 4,807 India's Apparel & Clothing Market 2006 ·07 Value, Volume (Euro (million Million) units) 4,450 3,856 1,014 1,836 991 12,147 1,443 1,523 519 1,323 , 498 5,306 Value (Euro Million) 5,605 5,106 1,461 2,333 1,461 15,966 2008-09 (estimates) Volume (million units) 1,600 1,676 579 1,468 581 5,905 Value (Euro Million) 6,938 6,414 1,816 2,975 2,077 20,219 market for home textiles is dominated by bed and bath linen, which have more han two third of the market share in value terms. Bed linen alone has a market of about Euros 1. 19 billion according to the estimates. Apart from the home textile products given in the table below, the other articles included in the total market size are textile made-ups like wall hangings and other decorative home furnishing articles. Accessories Usage of textiles and fabrics in the Accessories sector is valued at approx. Eu ros 0. 28 -0. 30 billion in 200809, bf which bags alone account for 61 % and apparel accessories and other fashion accessories account for 39%. The most common fabrics used in accessories are cotton, denim, silk, wool and raxene. Given the wide variety of products, with production largely concentrated in the unorganized sector, no official estimates for consumption of fabrics in accessories sector are available. Therefore for the purpose of this study, the market size has been estimate based on discussions with key players and industry bodies during the primary research, as presented below. Demand Drivers As stated in the preceding section, the market for textiles and related products has been consistently growing annually by 12% – 15% for various sub-sectors. The key factors driving this demand are: Demand Side factors With over 1. 1 billion people, India is the second most populous country in the world. In terms of the demographic â€Å"window of opportunity†, India is home to 17% of the world's population. It is also one of the youngest countries in the world, with over 65% of the population below 35% years of age. The young generation of professionals, both men and women, form important consumer groups with high purchasing power. This buying group is more demanding in their choice of products, looking for quality that satisfy comfort, fitting, styling needs etc. This has resulted in a qualitative shift of consumers from low / economy range to premium and super premium range of products. Growing prosperity of middle class: Indian corporate salaries have grown at 14% per annum, which is considered to be fastest globally. A large number of households are getting added every year to the consuming class with growing income levels, resulting in increasing affluence of the upper middle and igh income strata. According to various studies, there were more than 300 million middle class people in India in 2007 with substantial disposable incomes. This number is expected to touch 600 million by 2010. There will a sustained and increasing demand for various consumer products by this segment of population. The increase in urbanization and nuclear family structure, a growing number of educated and employed women, media prol iferation and growing consumerism, have all contributed to the growth of consumerism and organized retailing. The increasing working female-population has not only increased the income of households, but also changed the outlook of women towards their choice of clothing, home furnishings and its interiors. There is a trend of going with the seasonal tastes. Market Structure and Segmentation The market segmentation for various sub-sectors is on following basis: Textile Apparels-and Clothing: †¢ †¢ †¢ Segmentation by User category: Men's wear, Women's wear, Unisex apparel, Kids' wear Segmentation by Use: Formal, Casual, Traditional, Active sportswear, Uniforms Segmentation by Price: Super premium, Premium, Medium, Economy and Low end Undergarments: †¢ †¢ Segmentation by types of Suppliers: Informal/Unorganized sector, Organized sector – Segmentatfon by Price: Super premium, Premium, Medium, Economy and Low end Home Textile Furnishings †¢ †¢ †¢ †¢ †¢ Segmentation by types of Suppliers: Informal/Unorganized sector (70% share), Organized sector (30% share); Branded and Unbranded Segmentation by Use: Bed linens, Curtains & Upholstery, Bath linen. Kitchen linen etc. Segmentation By Price: Super premium, Premium, Medium, Economy and Low end Accessories: Segmentation by Use: Apparel accessories (scarves, stoles, shawls etc. ), Hard accessories (bags, belts etc. ), Packaging for jewellery, time, wear, eye wear etc. Segmentation by Price: Super premium, Premium, Medium, Economy and Low end Changing face of consumer: In spite of the economic meltdown in recent times, there has been a continuous and sustained shift in consumer demand pattern from basic necessities to spending on lifestyle products and ervices continues, largely due to : †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ Higher Income Younger age profile Increasing literacy levels Higher adaptability to technology Increasing urbanization Changing role of women and children in the decision making process Increased demand for better shopping experience Impulsive purchase behavior among youngsters Changing fashion trends and increased consciousness Catch up wi th International fashion styles Sustained growth of retail culture in the country According to Central Statistical Organization, and Technopak, the retail market in India was about Euro 210 billion, and will cross Euro 440 billion in 2015, with organized retail growing at nearly 20% per year. The emergence of mall culture and rapid development of malls would act as a catalyst in this retail growth story. Due to the increase in the income levels of people and the push from the supply side of realty boom in this decade has created a housing boom in India. About 2. 5 million new homes are to be constructed to meet the demand of middle class and upper strata of income groups. Housing and Hospitality sectors are the major sectors, with huge demand for soft furnishings. As per estimates, the total shortfall of quality hotel rooms in India in all luxury, premium, economy and budget hotels is about 150,000. More than 40,000 hotel rooms are expected to come in top 10 metro cities by 2012. Supply Side Factors 1) Leading textile manufacturers are integrating their businesses vertically and have strong competencies in spinning, weaving and finishing. 2) There has been a significant improvement in the infrastructure related to textile machinery, transport and power which are further augmenting production. Government of India has allocated substantial funds · for infrastructure development through schemes like TUFS, and SITP, worker skill development trainings etc. 3) Lateral consolidation of players through organic and inorganic growth domestically and internationally. Indian companies have acquired the global brands abroad in order to consolidate their global positioning and have established wholly owned foreign subsidiaries abroad 4) End of quota regime acting as a stimulus to further export growth. Assessment of Demand and Market Potential in India The overall assessment of demand and market potential in various sub sectors, projected on the basis of past growth trends and industry expectations, is summarized in the table below. The total market is expected to increase from Euros 21. 7 billion in 200809 to Euro 29. billion by 2011-12, with overall compounded annual growth of 7. 89%. There are no authentic statistics available- on the production and the total market size of the home textile products and accessories, as no official data is compiled due to the unorganized and highly dispersed nature of sectors. The above estimates for home textile furnishings have been computed taking the overall average annual growth rates of domestic urban market (considered relevant for the foreign brands) as 15% for bath linen, 10% for kitchen linen, 12% for curtains, 15% for upholstery and 10% for other products. It should be noted that, above estimations is only for urban India, which is. Price Segmentation The price segmentation of the market is broadly in three categories: The low end market: Lower and economy (marginally improved product segment in relation to the lower category), solely volume driven, products are mostly unbranded and dominated by large number of regional and local manufacturers, and sold through small neighbourhood stores, The low and economy segment is growing in terms of volume and value and the industry is becoming more organized. The mid-range market: This segment features medium range of products. Though primarily volume driven, this category caters to diverse sections of Indian consumers across all regions, Its quality is by and large acceptable to all sections. The mid-market segment is characterized by the presence of regional and national players. The market is continuously expanding and becoming more and more competitive in respect of quality and price. The high end market: Exclusivity in product features such as high quality . raw materials, embellishments, design developments and above all branding of products for years make the products very special. ‘ Elitist categories of consumers pay for the products on demand. Mainly comprises of large Indian players and the foreign companies/international brands operating in the premium and super-premium product categories. Super-premium products are considered luxury products and marketed by top national and international giants. Illustrative prices for products in various price segments are provided in different Tables. Regional Characteristics of the Market The consumer behavior of a particular region which is economically not so developed is different as compared to developed ones. The consumers in the less developed region are understandably, more priceconscious. Always on the lookout for quality products, their guiding principle is ‘value for money'. A lower per capita income, in eastern region for example, compared to western and northern India leads to a lower per capita purchasing power. Additionally, Delhi being centrally located and Mumbai, being the financial capital have certain advantages. The consumers who live in these cities are more exposed to latest product collections and are more familiar with design, quality and latest trendy fashion, as well as the luxury of greater choice. The relatively undeveloped regions offer several in-built advantages as well. Fashion contenders setting out to do businesses in these regions find to their advantage that the region has not been exploited commercially and is prone to competition. The market, therefore, offers much but it needs to be cultivated in an organized manner. Local ready availability of products also influences a consumer. The decision to stick to a particular available product/brand seems to govern the purchase decision than the rarely available choicest product. Logistics, convenience and easy availability are important considerations for a local consumer. Regional considerations, such as climatic conditions etc. , playa major role in so far as the purchase decision of apparels is concerned. For instance, a consumer in Northern region would spend more on woolen products than his counterpart in the west or south where the winter is much milder. In India, different states are known for their specific style of clothing, home furnishings etc. For example J is the leading state for embroidered bed covers whereas Rajasthan (Jaipur) is famous for block printed, tie & dye bed covers, with mirror work, appliques, and bright colors. The market also depends upon the production and raw materials and government policies and programmes in specific states. Although there is an increasing influence to western and contemporary designs, Indian industry is still greatly influenced by the traditional regional motifs, with the materials of satin mix, tapestry for drapes and even cotton mixes with synthetics for the traditional look. Fabrics with bold prints and pastels are making a comeback. Polka dots and stripes, inspired by the retro, have made a comeback into the collections the world over. The sales of textile roducts increase significantly during the festival seasons in India, by up to 40 – 50 percent. Regional and national festivals, (e. g. ‘Diwali' is one of the most important festivals in India during October/ November) are the time to buy new clothes, renovate home furnishings. Consumer Behavior and Preferences The Indian consumers are noted as among the most discerning' consumers in the world with a high degree of value orientation. Even, luxury brands have to design a unique pricing strategy in order to get a foothold in the Indian market. Indian consumers also have a high degree of family orientation. Brands with identities that support family values tend to be popular and are accepted easily in the Indian market. Indian consumers are also associated with values of nurturing, care and affection. These values are far more dominant than values of ambition and achievement. Products, which communicate feelings and emotions gel with the Indian consumers. Different Segments of Indian Consumers Socialites: These are the upper class who shops in specialty stores and own exclusive accessories, and have a luxurious lifestyle. The Rich: India has over 1 million rich households (income greater than Euro 8,000 per annum). These people are upwardly mobile. Some of them in this category are Double Income No Kids (DINK) households. They spend more on leisure and entertainment-activities than on future looking investments. The Conservatives: These are the middle class population of India, who are very price conscious and demand more value for money. In addition to the above, the following segments are becoming increasingly important in purchase of consumer products: Working Women: Working women with disposable incomes are the key factors for the growth of women's accessories. An Indian woman is no longer just a homemaker. She is willing to buy designer products and is ready to pay high premiums for the same. Youth: With the increasing exposure to International fashion styles, the Indian youth is gaining more awareness and becoming style conscious. This segment believes in impulsive purchasing. There are certain common considerations for consumers regardless of locations. The consumers by and large are becoming increasingly more and more conscious of value of money. Price sensitivity is a common concern. Purchase decisions of consumers anywhere are more guided a combination of demographic and psychometric factors, such as, disposable income, age-distribution, pattern of income distribution, quality of upbringing, aptitude, tastes and preferences and so on. These days, the purchasing behaviors in India are greatly affected by the western tastes. The role of media, magazines, televisions have been increasing in making people aware about the new trends. There is a craze to own the best brands and designs among the people. The premium luxury brands are available only in the tier1 and tier2 cities hence making them a good market. Purchase Pattern of Textile Products Major findings of textile products based on All India consumer survey conducted by Textile Committee, Government of India, 2006-07 are presented as under: †¢ †¢ In India man-made fabric among various textile materials' sells the most. Sales of cotton come next in the order, while wool and silk constitute negligible percentage of total sales. Central, northern and western regions are the major consumers of man-made fabrics. Maximum consumption of cotton is reported from the eastern region. Consumption of cotton, in other regions is reportedly much less. This is an interesting revelation since India is ranked third as a cotton producing country in the world. †¢ †¢ †¢ Brand preferences Brand building is a stupendous task which involves high investment on production infrastructure, technology upgradation and enormous merchandizing. This has inspired lesser known medium sized players who are trying to establish their products in the market through Creation of brands. There is a strong indication that Indian market will have large a number of brands in near future in view of market expansion and increasing competition. Preference for particular apparel brands depends on individual tastes and preferences. However majority of Indian consumers look for certain common parameters like design, quality and above all merchandizing. Innovation in product design and fabric selection, are essential elements that add to value perception for a product. Sales discounts also tend to influence the purchase decisions of consumers provided the minimum parameters/ features are not compromised with. The Undergarments segment is characterized by well known national brands operating in the medium priced segment. Premium and super-premium product categories comprise branded products distinguished for exclusive product features operating at the high end of the market. Efficient logistics and supply chain management and media exposure have largely contributed to the popularity of these brands. Branding is a relatively new phenomenon in the Indian home textile furnishings market. In Accessories, the consumer demand . for premium product is on the rise. Style conscious customers with money look for variety. Consumer inclination for mix-n-match to build their wardrobe is acting as a catalyst in the growth of accessories market. Factors Influencing Brand Preference †¢ Brand preference pattern of consumers depends upon a host of factors such as : Combination of price, quality & fitting as major parameters of purchase decision for sensitive but smart consumers Track record of Indian manufacturer/reputation of foreign joint venture partner. †¢ Reputation of international companies The consumers place major emphasis on product quality. Price is another important consideration attracting customers to a particular shop/brand/ product. Pre and post sales services, parking facilities and ambience of the store or mall are the other major factors that attract local customers. Sales discounts also tend to influence the purchase decisions of consumers provided the minimum parameters/ features are not compromised with. In the selection of products, the consumers do not give automatic ‘precedence to local brands over national or foreign brands. Value for money has become the over-riding consideration. Fabric, texture and color followed by proper fits and sizing weigh more importance to the local consumers rather than just easy availability of local brands on account of proximity. Degree of Elasticity of Demand of Local Consumers Considering that price elasticity depends to a large extent on the degree of competition among the manufacturers, the Lower and Economy segments of the market are usually price inelastic. These segments being highly competitive do not allow the manufacturers much leverage on price. Higher up along the value chain, the affordability or paying capacity of the consumer is higher. The mid-price segment becomes increasingly quality oriented and more diversified. Despite competitive pressure, the price in this segment keeps on rising and the demand becomes price elastic. In case of premium and super-premium product segments, where entire focus is on quality, style and brand value, the consumer is insensitive to change in price. As per the findings of retailer survey, even an increase of less than 5% in the price has an effect on low end / economy category products, while mid-end category is usually able to absorb a 5-10% price increase without a major adverse impact on the sales of a brand. Originally published in New Cloth Market: February 2010

Writing the Memo

WRITING AN OFFICE MEMORANDUM If you work as a paralegal or law clerk after your first or second year of law school, you will most likely spend some of your time researching and writing objective memoranda, or interoffice memos. Typically, an attorney asks you to provide a realistic analysis of the law as it applies to the facts of a client’s case. The purpose is to inform – not persuade. Although you should remember which conclusion favors your client, also keep in mind that you will represent the client most effectively by being objective and realistic.The memo might be read many times – possibly, over a period of months or years by several different attorneys, including the writer, who may use it as a resource long after it is drafted. The attorney will use the information contained in the memo to advise the client and may use it to prepare a document that will ultimately be filed in court. For example, a partner may be asking you whether a particular client ha s a valid legal claim. If you conclude that the answer is â€Å"yes,† then this will probably turn into a lawsuit. At that point, some parts of the memo may be incorporated when the complaint is drafted.The memo might me consulted a third time when the attorney responds to a motion to dismiss; a fourth time while drafting interrogatories; a fifth time before making a motion for summary judgment; a sixth time before trial; and a seventh during an appeal; and so on. PARTS OF MEMO[1] 1. A memorandum heading 2. The Issue (sometimes called Question Presented) states the question(s) that the memorandum resolves. The Issue also itemizes the few facts that you predict to be crucial to the answer. (Such as travel expenses to out-of-state, keeping child out of danger, and commission of crime).The reader should understand the question without having to refer to the facts. 3. Brief Answer (sometimes called Conclusion) states the writer’s prediction and summarizes concisely why it is likely to happen. Some writers begin with a direct response such as â€Å"yes† or â€Å"probably not. † Our book says that they do not prefer this. Sometimes this is client or partner driven. Also, some questions lend themselves to answers such as â€Å"yes† or â€Å"no. † Allusion to determinative facts and rules. Do not omit key facts. Begin by just re-stating your issue as a declarative sentence. Do not omit the reasoning.Do not include citation to authority or application of relevant law. Many attorneys only read this part. 4. Facts set out the facts on which the prediction is based. 5. Discussion is the largest and most complex part of memo. It proves the conclusion set out in brief answer. If the discussion is highly detailed or analyzes several issues, it should be broken down into subheadings. Here is what the memo will look like and more information on each section. MEMORANDUM TO:Senior Partner [Please block-indent so that the information line s up, as demonstrated] FROM:Your Name DATE:(date assignment is submitted)RE:(A concise label for the issue considered: mention the parties; your firm will file your Memo by names and cause of action–and, perhaps, by jurisdiction) The proper format is always double-spaced. Do not double-double space between sections. Plain old, regular double-space is sufficient. FACTS Here, recite all material facts, usually in chronological order. A â€Å"material† fact is a â€Å"dispositive† fact, or one upon which the outcome will depend. It is a fact that will affect the outcome in one way or another. Please include all material procedural facts as well as all material substantive facts.This means that it is essential to include all relevant times, dates, and places. You should begin with an â€Å"overview† sentence that sets the full context and begins to describe the problem presented. Please review your reading and as many samples as possible to understand both th e range and scope of what is acceptable as professional practice. Remember your role Watch for the tendency to try to â€Å"prove† something by the way you tell the story. NO LEGAL ANALYSIS! 1) USE NEUTRAL LANGUAGE AND OBJECTIVE CHARACTERIZATIONS. Rather than writing â€Å"the D was speeding through the school zone,† write â€Å"the D was traveling 50 MPH through the school zone. Rather than writing â€Å"The D brutally beat the victim,† write â€Å"The D struck the P on the head, resulting in a cut over his left eye. † 2) Include unfavorable and favorable facts. QUESTION PRESENTED Phrased as a question and ending with a question mark, state the specific issue or issues you will address. One method is to use the technique: under? (describe the law); does? (state the issue); what? (give the legally relevant or â€Å"dispositive† facts). Some memoranda use the commonly seen style of: â€Å"Whether . . . .† As always, discuss with your profess or to see which he or she prefers.But whatever the method, the following advice applies: †¢ Should be concise single sentences that include relevant facts and general propositions of law. †¢ Don’t say, â€Å"Whether a niece can recover for negligent infliction of emotional distress,† when you can say, â€Å"Whether, under Iowa law, a niece who witnesses the aftermath of an automobile accident involving her uncle from a block away can recover for negligent infliction of emotional distress when she observes his severe injuries upon arrival at the scene. † BRIEF ANSWER You phrased (or asked) a question in the section above. Answer it here: â€Å"Yes. † â€Å"No. â€Å"Probably not. † Use a period. Your Brief Answer follows the same formula and sequence as your Question Presented. It answers the questions â€Å"under? does? what? † except, the Brief Answer should include a brief statement of your reasons beginning with the word  "because. † DISCUSSION The heart of a Memorandum, this section asks you to explain the law and explain the facts. Getting it â€Å"right† will take time. Be patient. Your goal is to â€Å"synthesize† the cases and extract a common rule of law. To do this, you will need to identify the common elements that allow you to analyze and discuss several cases at once.A common mistake, legal writers frequently engage in â€Å"listing behavior. † They treat each case independently and sequentially, beginning each paragraph with â€Å"In†Ã¢â‚¬â€œfor example, â€Å"In Callow v. Thomas† or â€Å"In Brown v. Brown. † Looking down a written page, the lawyer will see a ladder-like effect, the â€Å"in-ladder,† where each succeeding paragraph begins with the word â€Å"in† followed by a case title. Often â€Å"listing behavior† culminates in â€Å"dump-trucking† when the lawyer saves up and â€Å"dumps† all the legal analysis into the last paragraph.In addition, lawyers will frequently â€Å"front-load,† squeezing all the legal rules of law into the very first paragraph. To avoid these pitfalls, begin your discussion with a general overview in a thesis or â€Å"roadmap† paragraph. Your thesis paragraph is the first paragraph in the Memorandum – and the first paragraph in a Discussion section. Always begin your thesis paragraph with a sentence to anticipate–and announce–your ultimate conclusion. Tell the reader where you are headed and be a tour-guide to your argument or analysis. Then, taking one point at a time, write a thesis sentence that answers the questions of â€Å"what-is-your-point? of this particular paragraph. Next, set forth the legal Rule that applies. Include the proper citation. Next, Analyze (explain) what the law or legal rule means. Next, Analyze (explain) how the relevant facts fit (or do not fit) the legal or factual standard. Finally, Conc lude each paragraph with a summarizing statement and each sub-issue with a specific sub-issue summary. Sometimes, this method is referred to as a variation of the acronym: IRAC. Other legal writing professors have some other acronym such as REAAC or FIRAC. Still, others simply refer to it as the 5-step process. Keep in ind that these are all â€Å"formulas† that legal writing professionals are using to introduce you to presenting a legal argument. Ultimately, you will use a style or formula that works best for your particular argument. But virtually every aspect of every legal argument must contain a 1) Statement of Rule or Applicable Law; 2) Analysis of the law and how it Applies to your relevant facts; and 3) a Conclusion on each of these sub-issues. Similarly, when a discussion requires several paragraphs, the writer may not reproduce the exact IRAC structure within each and every paragraph, but may require several paragraphs to develop fully the full set.As always, know y our audience and talk about the method of legal analysis that your professor, or in the future, your employer, prefers. And remember that learning how to synthesize statutes, cases, and secondary sources and then presenting them in a clear, concise, and logical manner takes time and practice. A FEW IDEAS ABOUT WRITING — MEMORANDA[2] Many students, approaching memo writing for the first time, are often unsure of how to proceed. We have put together a few tips for first (and second and third) time memo writers that we hope will be helpful.Note: No single set of guidelines could possibly address all the matters related to memo writing. If you have questions about a particular assignment, be sure to check with your professor. 1. Find the test(s). In assigning a memorandum, professors are generally evaluating you on parsing a particular statute or test. In other words, they want you to use other cases to explain how your case either does or does not satisfy a test laid out in a ca se or a statute. For example, let’s say your case involves a niece (Mary) who witnessed her uncle (Jack) being injured in an automobile accident.Mary wants to bring suit for negligent infliction of emotional distress as a result of witnessing that accident. In Burger v. McDonald, the Supreme Court of Iowa laid out a three part test to determine whether a bystander’s injury was reasonably foreseeable and, thus, legally actionable: 1. Whether the bystander was located near the accident. 2. Whether the injury resulted from sensory and contemporaneous observance of the accident, as opposed to hearing about it from others after its occurrence. 3. Whether the bystander and the victim were closely related.NOTE: If the memo involves more than one issue, your memorandum may involve more than one test. 2. Use the test as your outline. Tests come in two parts, or three (as above), often with subsections. Ideal for an outline. Use the major parts of the test as your major points, the subparts as sub-sections. Paragraph Structure 3. Begin paragraphs with affirmative propositions that parallel the test. In the above example, your first sentence should say something like: â€Å"Mary was located near the scene of her uncle’s accident, satisfying the first part of the Burger test. † 4.Support your affirmative propositions. All propositions of a legal nature must have legal support. Where is your authority for your proposition? Cite it. For example: â€Å"See Burger, 606 N. W. 2d at 321 (bystander must be located near accident to recover for negligent infliction of emotional distress). † 5. Discuss the facts of your support. What happened in the case you just cited? Explain in a concise and relevant way. For example: â€Å"In Burger, the court held that a mother who witnessed an accident on the street from the front door of her house was located near the scene of an accident. 6. Discuss the relevant facts of your case. Point to the facts that are similar to the facts of the authority you’ve just discussed. For example, you could continue from above as follows: â€Å"Mary was standing a block from the accident, heard the crash, and saw her uncle being pulled, bleeding, from the car. † 7. Analogize/Conclude. What conclusions do you think the court will draw from the similarity between your facts and the facts of your authority? For example: â€Å"Although Mary did not see the accident, she was close enough to hear it and witness her uncle being pulled from the car.Thus, a court will likely conclude that she was located near the accident. † Alternative Paragraph Structure 8. Discuss other relevant authority. Once you’ve opened the previous paragraph with your affirmative proposition, your subsequent paragraphs can discuss the facts of other relevant cases without repeating the proposition as your opening sentence. For example, you could begin the next paragraph: â€Å"In Cameron v. Jones, the C ourt of Appeals held that a mother who was twenty-five feet away from her child when she heard a metal sculpture fall on him was located near the scene of the accident. 9.Discuss contrary authority. Are there cases that go against your position (or the position the partner/judge/etc. would like you to hold)? Another subsequent paragraph could open with: â€Å"But, in Alfred v. Stern, the court held that a father did not have a valid cause of action for negligent infliction of emotional distress. † Then follow steps 5, 6, and 7, above, except this time, when concluding, tell the reader why the court won’t follow or give much weight to this contrary authority (e. g. , the facts are different). 10. Move on to the next part of the test. Follow steps 3-9 above for the next section of your test.Remember, a memorandum also includes issues presented, a brief answer (which usually follows the issues presented), and a statement of facts. These are often best written after youâ⠂¬â„¢ve written the body of the memorandum, since you’ll have a better idea of the issues once you’ve tackled the problem (though a tentative draft might help to get you started). Here is a checklist for those introductory sections of an office memorandum: Heading 1. Have you included the name of the requesting attorney (or professor), your name, the date, the client’s name, and a phrase identifying the particular legal matter or issue?Facts 2. Have you included all legally significant facts? 3. Have you included sufficient factual context? 4. Have you included any major emotional facts? 5. Have you avoided including discussion of legal authority? 6. Have you avoided â€Å"arguing† the facts or drawing legal conclusions? 7. Have you identified the client and the client’s situation at the beginning of the Fact Statement? 8. Have you selected an appropriate organization (chronological, topical) for the facts? 9. Have you maintained neutral language a nd objective characterizations? 10.Have you included both favorable and unfavorable facts? Question Presented 11. Have you stated the legal question and the significant facts? 12. Have you edited to achieve one readable sentence? 13. Have you maintained an objective perspective? Brief Answer 14. Have you stated the answer in the first several words? 15. Have you included a statement of the rule? 16. Have you stated a summary of the reasoning leading to the answer? 17. Have you kept the BA to a maximum of one-third to one-half a double-spaced page? 18. Have you taken a position, even if you are not sure? ———————– 1] Be sure to keep in mind that an office memo is an internal document for law firms; therefore, each particular firm is likely to have a preferred format. For example, the firm may use different words for different sections title, may order sections differently than described here, or it may include other sections not described in this manual. If your reader (whether it be your professor or your employer) has a preferred format, obviously use it. If you are not sure if your reader has a particular preference, then ask! [2] Many of these tips were originally created by Writing Resource Center, University of Iowa College of Law.

Managing Cultural Diversity

Summary This academic paper will consider the study â€Å"Cooperation and competition in intercultural interactions† conducted by David Matsumoto and Hyi Sung Hwang, San Francisco State University, United States. Prisoner’s Dilemma, Ultimatum, Trust Game are well-known play games which allowed to accumulate sufficient knowledge in the presented area of studies in terms of cooperation, competition, punishment, trust, trustworthy and clearly demonstrates that people of different cultures plays these games differently. Earlier research has come to conclusion that intercultural interactions shows less positive results in cooperative behaviors in game play than intracultural interactions; but to date no empirical links have been made between behavioral outcomes and cultural differences between the participants, which became the actual purpose of the study. The first hypothesis is that Intercultural condition will produce less positive behavioral outcomes and cooperation than the Control condition and the second hypotheses states that these behavioral differences are connected to cultural differences. Organizers of the study offered modified version of Prisoner’s Dilemma where partner either country mate or international one. Americans were put in the same sex-dyads in one of three conditions: with another American participants (Control Condition – 120 people, 40 males and 80 females), with an international student (Intercultural condition – 41 Americans, 20 males, 21 females and 41 international participants, 20 males and 21 females), or with another American but under stressful condition (Stress conditions – 90 people, 44 males and 46 females). The aim of the participants is to increase their participation fee, and they were told that an amount of paid sum depends on their play, in reality they received standard amount of fee. They were seated opposite each other and were not allowed to talk, each pair was separated by divider, Experimenter observed the play on the other side of the table. Each participant was given 20 1$ coins and a blue (competitiveness, defection or betrayal) and yellow (cooperation, trust, vulnerability) card. They had an option whether to play with blue or yellow card within the time allotted for each play. Participants in the Control and Intercultural Conditions were instructed to increase their original payoffs and they received participation fee regardless they won or lost the play; the length of each round 20 s. Participants in stress conditions were instructed that one participant should win over other, and winner will receive all coins from looser; each round lasted for 4 s. Play continued for 20 rounds, or until one of the players lost all their money. Researchers opted a broad-based approach, where they defined a set of context variables (they were extracted from the plays and summed across both players for production a score for each pair) and in addition they created 10 individual characteristics (cooperation, betrayal, forgiveness, retaliation, reparation, defection, reconciliation, stalemate, prosocial acts, antisocial acts); examined indices of cultural differences between pairs of individuals from different cultures, using home country scores on Hofestede’ (2001) cultural dimensions (Individualism vs. Collectivism, Power Distance, Uncertainty Avoidance, Masculinity vs. Femininity, and Long vs. Short Term Orientation) . Researches also created cultural differences score in the intercultural condition. All participants passed a personality test (Neo-Five Factor Inventory) and were qualified as acceptable. Besides this, participants self-reported their emotions using 9- point scale (0-9 anger, contempt, disgust, fear, happiness, surprise, pride, shame, embracement, guilt, interest and etc. ) before entering the experiment room and after. For the intercultural Conditions researches computed Cultural Distances scores for each pair using Hofstede’s (2001) five cultural dimensions. As the result after computing dependent/independent variable (Condition), taking into consideration that pair had the same characteristics (same sex strangers in the same condition), analyzing data for hypotheses, conducting post hoc comparisons using Scheffe tests, thus researchers concluded that Intercultural Condition looked like the Stress Condition, demonstrating worse behavioral outcomes than the Control Condition despite the Intercultural Conditions had the same instructions and procedures as the ontrol Condition. Hypothesis 1 was proved. Initiators of the study also computed pair level correlations between Geographic and Cultural Distance scores with each of the behavioral outcomes in the Intercultural Conditions. Greater cultural Distance on Power Distance was reliably was strongly associated with less positive behavioral outcomes. Hypothesis 2 was supported. Discussion Strengths This study is the very first research which empirically linked behavioral outcomes to cultural differences between the players and it is undeniable that these findings play will make essential contribution for future empirical works, business development, intercultural trainers and participants itself. Organizers of the study introduced personality scale to control individual-level effects, offered participants to self-report twice their emotional state prior and after experiment, measured and computed dependent/independent context variables (used well-known Hofested’s cultural dimensions) in order to reduce the possibility of commitment of the ecological and cultural attribution fallacy. Limitations Cross-cultural literature do not explain us sufficiently what happens in intercultural situations because cross-cultural differences are not necessarily translated to behavioral differences in intercultural interactions; moreover, there is no empirical demonstration that less cooperative and more destructive behaviors associated with intercultural interactions connected to cultural differences between the participants. Game rules and experimental procedure make direct comparisons very difficult and there is a possibility that instructions are interpreted differently in different cultures. Difference scores of participants’ home country scores on cultural dimensions are not strongly linked to participants because they are simply diffuse and abstract. Methodology didn’t allow for separation of relative standing of the relative standing of power distance and examination of whether differences were consistent at different values of dimension. Another concerns how the participants in the Intercultural Condition perceive differences between each other. Plus, it is implicit whether these perceptions are automatic or deliberate thought. One of the limitations of the study related to potential explanatory variables (such variables may have been at play) that were not measured (culturally-based, individual differences in economic expectations, religious differences etc. ) References Matsumoto D. Hwang H. S. , (2011), Cooperation and competition in intercultural interactions, International Journal of Intercultural Relations, Vol. 35 , Issue 5 , pp. 677-685 Ailon, G. (2008). Mirror, mirror on the wall: Culture’s consequences in a value test of its own design. Academy of Management Review, 33(4), 885–904. Allik, J. , & Realo, A. (2004). Individualism–Collectivism and social capital. Journal of Cross-Cultural Psychology, 35(1), 29–49.

Character Trait Essay for Dancing Naked by Shelley...

Choices. No matter how hard you try, you can never make all the right ones all the time. Not all decisions are hard, yet most important things aren’t easily achieved, and the journey and experiences you get will go with you forever. Kia was not always the altruistic attitude was not always evident in her decisions until she was forced to make the hardest decision of her teen life, yet after she makes the choices they form her into a different and wiser person. Kia is better at making tough decisions that most of us would rather not want to even think about. Although teen pregnancy has often been associated with issues of principles and authority, for many teens it is full of hard decisions and change. A pregnant teen not only has†¦show more content†¦Kia, a young teenager who endures the hardships of not only pregnancy but the decision of adoption, is able to keep hold of her good values and reassess others that are tweaked, is a mentally strong person. Being str ong means having the ability to cope with pressing and traumatic experiences and having the ability to persevere in the face of conflicts. When Kia finds out that she is with child she decides to keep the baby and finds friends that will stick with her throughout the heavy times-namely Justin from her church youth group and Grace from the old persons home she volunteers at. Although this time in her life is important and also filled with hard decisions her perceived childhood friend Shawna and people at school shun her, for not terminating her child, when what she needs most is support. Kia not only sees the reasons for her old friends’ distance she eventually confronts those who had shut her out and shows them that she has indeed changed for the better and is able to be better than the superficial attitude they had extended towards her for the duration of her pregnancy. Rather than just pretend that nothing is different between them, as many would have done, Kia risks h er oldest standing friendship because she knows that that would not be a true friendship ever again because of this large moral gap. This part of the story reveals that Kia is mentally strong because she

Essay On Sexuality In Bram Stokers Dracula - 2371 Words

Voluptuous Sexuality Although in modern times people are exposed to sexuality from a young age through advertisements, media, and pop culture, during the Victorian era in England, the only acceptable exploration of repressed sexual desire was through a book that upholds the Christian belief of sexuality’s corruptive effects on society. In Bram Stoker’s Dracula, a gothic, horror novel, Dracula, a vampire from Transylvania, preys on Mina Harker, a devoted Christian and intelligent woman, and Lucy Westenra, an innocent, young woman pursued by three suitors, by luring them and sucking their blood; the women and their suitors form a gang of vampire fighters who track and eventually kill Dracula defeating his devilry with the forces of†¦show more content†¦I closed my eyes in a languorous ecstasy and waited -- waited with beating heart† (Stoker 32). Both repulsed by and attracted to the vampires, Jonathan experiences sexual desires, and while recounting it in his journal, he focus es on sensory images, the mouth, skin, and throat, describing the experience as â€Å"ecstasy† and mirroring the images of sex scenes. The women tempt Jonathan with their sexualized appearance, but giving into their enchantment would lead to the ultimate punishment for sin, being brutally attacked and turned into a vampire. Moreover, the pauses and waiting periods that Jonathan experiences expose the sexual tension prolonging the temptation and sin. Voyeurism further compounds the sinfulness of Jonathan’s interactions with the female vampires. Multiple women who are not his wife entice him while one engages in sexual behavior with him, and the others watch and await their opportunity (Green). A religious man and a serious person, Jonathan falls to the evils of sexuality, lusting for the female vampire. Van Helsing similarly meets the three female vampires in the night, but he steadfastly maintains his righteousness. When he meets the vampires, he says, â€Å"The mere beauty and the fascination of the wanton un-dead have hypnotised him†¦. 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This paper will explore Bram Stoker’s Dracula under the theory of, â€Å"The Monster Dwells at the Gates of Difference† The rejection of modernity, sexual expression, and the xenophobic threat from Old World Europe are all gates of difference that Stoker touches on. Dracula dwells at the gates of difference